Skip to main content

Ground of Divorce under Hindu Marriage Act

 Divorce under Hindu marriage Act

Section 13 of Hindu marriage act speaks about the grounds of divorce viz. on particular basis married people can file divorce on only limited grounds as mentioned in Hindu marriage act.

Section 13(1) speaks about grounds for either party which means grounds that can be put forward as the reason for filing a divorce by both husband and wife.

Previously adultery was considered as the grounds of divorce which means a husband or wife could give the reason of adultery to get divorce but now it has been removed by Supreme Court. Adultery was basically having voluntary sexual intercourse with person other than his or her spouse.

Section 13(1)(ia) Speaks about one of the grounds for divorce viz cruelty .There can be a cruelty from husband’s as well as wife’s side.

Case law -

In the case of ,Russell v. Russell

Cruelty was defined as the danger to life or limb or health or danger to mental health or there can be reasonable apprehension to such danger.

In the case of Shobha rani v. Madhukar Reddy

Husband’s parents demanded for dowry and it was held that this is considered to be cruelty by husband as the wife is facing cruelty mentally and section 498-A of IPC was also read in this case.

In the case of Dastane v. Dastane 

Wife was threatening husband and his parents by continuously saying that she will put an end to our own life or set fire to the house and it was considered as cruelty as there was reasonable apprehension.

In the case of Satya v. Sai ram - husband and husband’s side of the family what desperately waiting for A new born child but wife repeatedly terminated her pregnancy which amounted to mental cruelty suffered by husband and husband side of the family.


Section- 13(1)(ib) speaks about desertion

If either of the spouse desserts their partner for not less than two years would amount to desertion. 

There are four essentials that should satisfy the grounds of desertion-

-Intention to live separately should exist

-Intention to bring cohabitation to end permanently

-Caused desertion without a reasonable cause

-Deserted their spouse without the consent or wish of the deserted spouse

Only when all these above essentials are available a party can file a divorce on the grounds of desertion.
In the case of Bipan Chandra v.  Prabhavati 

Couples Had a kid and after few years of marriage husband went to England. During his absence wife had an illicit relationship with another man and later when husband returned from England and questioned about the same, wife got scared and left husband’s home . Husband send her wife a notice not to come back. After four years he applied for divorce saying that there was desertion from wife’s side./

Whenever the same got declined as The husband himself sent her a notice not to come back and didn’t even try to reach out his wife . So, here desertion cannot be one of the grounds of divorce.

Section 13(1)(ii) speaks about conversion 

Conversion here means changing the current religion to another.

Section 13(1)(iii) about  insanity or unsoundness of mind Divorce under Hindu marriage act.


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...